New Delhi: The Supreme Court on Monday affirmed the practice of designating lawyers as senior advocates in the apex court and high courts, saying that the practice cannot be held to be untenable.
A bench of Justice Sanjay Kishan Kaul while dismissing the petition filed by advocate Mathews J Nedumpara along with seven other advocates, called the petition a “misadventure” and a part of an ongoing 'vilification campaign' by the petitioners.
The petitioners had argued that senior designation has created a class of advocates with special rights and that the designation more often than not benefits only the kith and kin of judges, senior advocates, politicians and ministers.
The bench, also comprising justices CT Ravikumar and Sudhanshu Dhulia, held that the practice of designating seniors in the constitutional courts is based on intelligible differentia and standardised matrix of merit.
Affirming the relevant provisions of the 1961 Advocates Act, the bench said that the process of designating senior advocates is not based on artificial or arbitrary distinction. The apex court said the process is aligned with the age-old tradition of lawyers assisting the court in the process of evolution of law and jurisprudence. Detailed judgment on the matter will be uploaded later in the day.
The petitioners challenged the validity of Sections 16 and 23 (5) of the Advocates Act, contending that these “creates two classes of lawyers, senior advocates and other advocates.
